Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1887-04-22
L-unr USURpATION AND DESpOTISM,
by Judge Bond. U. S. Circuit Judge.

ana rt1ectlOnS on tnlS IeXJE
The recent discharge of a person
held in custody under State laws
has been released and set free by a
Federal Judge. BY what W. Irrant
or authority ?
The Courts of the United States
in a certain sense are of Ii mited iu-
risdIction; only certain classes OF
persons, natural or arti fetal, can
come into these Courts, and then it
is not every question Il lat they can
adjudicate, and of sOT e, the State
Courts have concurre' Itjurisdiction
with them. The Cha t is not broad,
and beyond revenue, admiralty and
banks, but few subj ects come with.
in their powers.
This is not so wi tn the Courts Of
the States, they vi tn the exceptional
matters given to the Courts Of the
U. s. over all conceivable proper
matters Of liti' cation and judicial
controversy 49, persons, property,
crimes and offences against her
laws, have jurisdiction. Here
she is supEe me. No tribunal can
review her work, except in cases
arising unJ er second Clause, Art.
sixth Con stitutlOn of L. S., and
then only on appeal from the high
est State Court, and that direct to
the Supr eme Court of the United
States. See cases in Wheat, 30i,
and 3 Wheat, 2G4. Leading cases
on the question. Next there is the
right OF removal from the aisi prisus
State Court before trial under GER
tam restrictions to the q. s. Circuit
Court.
This is all as of right the U. S.
Courts have to do with the State
Courts.
The recent bold, glazing and Of
fenslve usurpatiOn on the part of
Judge Bond in releasing w. L.
Royal, convicted and in custody
for violation of State laws, seems
at least to suggest a recurrence to
certain we'll settled principles, and
to apply them to facts.
Royal was convicted after regu-
lar trial on information filed against
him Of an offence, in substance,
"IntimidatiDg grand jurors Of the
Hastings Court of the city of Rich
mond.' 1t is claimed that what
passed was as to their conduct as to
offences growing out of the revenue
laws of the State in their relation
to those never-dying coupons, and
that the revenue law was uncOnstl-
tutional. Well, what of it? If
true, or if there was any irregulari-
~ in the trial or record, the road
10 our Supreme Court of Appeals
was plain and before him, as to any
other man. What business was 1t
of Bonds? How does be come strut
ting into this case That writ of
hGbedS corpus will grant. Virginia,
says he in effect, shall not execute
her laws, nor punish their infrac-
tions. will turn Royal loose, and
he did. Had the case gone through
the State Courts, speclous pretext
for a writ from the Supreme Court
of the United States might have
been urged, but then the lion was
in the path. Judge Curtis in his
admirable book on jurisdiction Of
Federal Courts on PIP. S6-7, says:
"The law as it now stands il this
that if any person is in custody I'M
der the laws of the United States,
be may take out writ Of hdJeds
corpus from the Circuit Court and
that if that court refuses to dis
charge him aud remands him into
custody, he may thereupOn apply
to the Supreme Court who will issue
the writ. Here begins and ends the
power OF Federal Courts to grant
this writ
"a person in custody, under the
ld,cs of the United States Roy
all was in custody under the laws
of the laws of the State of Virginia
in her Jail. The jury were sworn
as Virginia citizens-a Virginia
Judge especially charged them on
this Virginia law. A Virginia jury
convicted and Virginia Jail was
found within which to execute this
writ.
In the face of all this, Bond, in
robesn) judicial, with an abandon
unknown before, grossly violates
and Outrages her laws and intim.
idates her officers.
Impeachment would be too slight
a punish for such an usurpatlon,
but suppose we try to compass 1t.
There was no road to Bonds court
from this nor any other State de-
cisiOn in criminal cases, but by the
arrogant aud the audacious arts and
ways of an usurper, knowing little
law and caring less for it. Will,
whim and pleasure can't make law
in this land yet. Men can't justify
wrongs by throwing the charming
light OF this great writ on them, nor
add responsibility to acts by going
into rhapsodios over it.
See how the shield Of this great
writ 10 broken and beaten into
sword to play violator and ravisher
of the "rights of the States" and
even destroy the "trial by jury
For, be it known, there can be moth.
ing unconstitutional in law that
Furnishes the tamperings with a
Jury, and to the State it is necessa-
ry to preserve society. They must
be let alone.
Can this be a case of error OF the
judicial mindi Nay, rather des
potic use of power to old Virginia
to make her a province in which
Circuit Judges are to play govern
Ors, or cOnsuls.
The humiliation of such sight !
A Federal Judge ties the hands of
great State with a writ, so she
cannot execute her laws, and thus
set offenders tree. Beautiful in
contrast the times when officers and
soldiers and receivers raided on
broken banks and reconstruction
aud Underwood we're terrOrs.
Speak to the people that they
move forward.
LEX.
A RIVER ON FIRE.
NEW YORK CENTRAL RAILROAD
LOSE $4,000 WORTH OF